Higher Educational Institutions Should Reserve 5% Seats For Persons With Benchmark Disabilities: Himachal Pradesh HC [Read Judgment]

‘This 5% reservation of seats has to be provided each time when process for filling up the seats is initiated by the above-mentioned institutions.’

The Himachal Pradesh High Court has directed all institutions of higher education and other higher educational institutions receiving aid from the state government to reserve not less than 5% seats for persons with benchmark disabilities.

The bench comprising Justice Sanjay Karol and Justice Ajay Mohan Goel, in a suo motu writ petition, observed that the said reservation to the extent of 5% shall be provided each time when the institutions initiate the process of admission to academic courses and there shall be no carrying forward of seats so reserved for persons with benchmark disabilities nor a running roster in this regard shall be maintained by the institutions.

The high court had taken note of grievance raised by a student, Indu Kumari, who was denied admission in M.A. (Political Science) in Himachal Pradesh University, as the university was providing only 3% reservation to the disabled students as per the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

The court said the new Act viz., the Rights of Persons with Disabilities Act, 2016, is to be implemented in true letter and spirit in all higher educational institutions and other higher education institutions receiving aid from the government.

The bench remarked: “We are of the considered view that the reservation in educational institutions, as is provided under the Rights of Persons with Disabilities Act, 2016 and further the directions, which stand issued by Hon’ble Supreme Court in Disabled Rights Group and another Vs. Union of India and others (supra), leave no room of doubt that in all Government institutions of higher education, as also other higher educational institutions receiving aid from the Government, not less than 5% seats have to be reserved for persons with benchmark disabilities. This 5% reservation of seats has to be provided each time when process for filling up the seats is initiated by the above-mentioned institutions. There can be no running roster and for each academic session, fresh roster has to be prepared, earmarking number of seats which are to be reserved for persons with benchmark disabilities, in view of the total seats available.”